Enforcement

Summary of Criminal Prosecutions

FISCAL YEAR: 2012

1. PRINCIPAL DEFENDANT: Franklin Non-Ferrous Foundry, Inc.
D. New Hampshire 10-CR-00112-SM

2. DEFENDANT: John Richard Wiehl
D. New Hampshire 10-CR-00112-SM

The company manufactures a variety of metal parts for various industrial applications. A byproduct of the foundry‘s operation is the generation of waste containing hazardous or toxic concentrations of lead and cadmium. Exposure to lead and cadmium can cause or contribute to a range of health effects, includ-ing behavioral problems, learning disabilities and kidney disease.

In April and August 2009, two workplace inspections conducted by the Occupational Safety and Health Administration found the illegal storage. After receiving results of the inspections, EPA exe-cuted a search warrant in December 2009 and discovered hazardous waste drums on company premises. In Au-gust 2010, a federal grand jury indicted Wiehl and the company for unlawfully accumulating and storing lead and cadmium hazardous waste at the foundry site since July 2005. Neither Wiehl nor the company had been is-sued a permit to store hazardous waste for more than 90 days. The company was cited by EPA for similar violations in 2002 and 2005, but neither the company nor Wiehl previously faced criminal charges.

August 25, 2010

The defendants were each indicted with one count of violating RCRA {42 U.S.C. 6928(d)(2)(A) - unlawful storage of hazardous waste}.

CITATION: 42 U.S.C. 6928(e)

January 6, 2012

The defendants each pled guilty to the one count.